Közbeszerzési Hatóság

198. §

Empowerment

198. §

1. The Government shall be empowered to regulate in a decree

  1. the detailed rules, in procurement procedures, pertaining to the way of certification of suitability and the non-existence of the grounds for exclusion, the documents which may be requested for that purpose, the determination of the contents of suitability criteria as well as the verification of the suitability and the non-existence of the grounds for exclusion by the contracting authority, the determination and the contents of the public procurement technical specifications;
  2. rules pertaining to approved tenderers, conditions for and way of certification of being included in the list of approved tenderers, rules of the keeping of the lists of approved tenderers, requirements for the non-existence of grounds for exclusions and suitability proved by the certificate based on the list, as well as the requirements proved by such a certificate issued by the organisation of another Member State of the European Union;
  3. the rules pertaining to design contests;
  4. specific public procurement rules pertaining to the procedures aimed at the conclusion of contracts of contracting entities, as well as rules pertaining to the procedure according to Article 13;
  5. detailed rules pertaining to the centralised public procurements in relation to budgetary authorities controlled or supervised by it, to public foundations founded by it and the business organisations owned by the state, the amount of the fee covering the costs that shall be incurred only in connection with the execution, to be paid to the entity authorised to publish tenders in the framework of centralised public procurement;
  6. in the case of organisations funded from the Health Insurance Fund, the detailed rules of centralised procedures related to health care services and the amount of fee payable to the organisation authorised to invite tenders in a centralised procedure whose sole purpose is to cover the expenses incurred in the course of the implementation;
  7. detailed rules pertaining to central procedures related to government communications tasks, the amount of fee payable to the organisation authorised to invite tenders in a centralised procedure whose sole purpose is to cover the expenses incurred in the course of the implementation, as well as the rules pertaining to public procurement of communications services and related supply contracts ensuring government communications tasks, different from those set out in this Act due to the very particular features of such procedures;
  8. the detailed rules pertaining to procedural acts which may be conducted by electronic means, electronic auctions, electronic catalogue as well as electronic procurements, different from those set out in this Act as required by the use of electronic means, the exceptions from the obligatory use of electronic means of communication; (This amendment entered into force on 1 January 2017.)

  9. detailed rules, different from those set out in this Act as required by the particular features of public contracts having those subject-matters, for public works and the purchase of the related design and engineering services for the execution of public works contracts, as well as rules, which are different from those set out in this Act and in the Civil Code, pertaining to the payment of the consideration set out by the contract, in case of public works contracts;
  10. detailed rules pertaining to the award criteria and method with respect to certain subject-matters of public procurement, the determination of cases where there is an obligation to integrate social, in particular employment-related and environmental, sustainability, energy efficiency considerations in the procurement procedures and the methods thereof, including the mandatory application of reserved public procurement;
  11. the specific rules pertaining to public procurement of pharmaceutical products and medical technology equipment, different - as required - from those set out in this Act;
  12. the conditions and the procedure concerning the initiation of the exemption of procurements under Article 9 (1) (b) by the competent committee of the National Assembly, furthermore the requirements to be imposed by the contracting authority during the realisation of such procurements[1];
  13. the specific public procurement rules for determining and taking into consideration of the energy and environmental impacts for the whole operational lifetime of the vehicle, entails with the operation of road vehicles, and the detailed rules for the related reporting obligation;
  14. the specific rules for the authorization of the launching and central monitoring of the conducting of procurement procedures of the budgetary organs controlled or supervised by the government, the institutions thereof, the public foundations of the government, and the economic organisations in which the state has a majority ownership and, on behalf of the state, the ownership rights (shareholder’s, membership rights) are exercised by a central budgetary organ or an institution thereof on the basis of a ministerial decree or an agency contract concluded with the Hungarian National Asset Management Inc.; as well as the specific rules for the authorization of any amendment to the public contracts, works or service concessions of such organisations; furthermore, the authorization of conclusion of and amendment to the contracts of such organisations and the foundations founded or managed by them that concern a purchase but were not concluded through a procurement procedure; and the extent of data to be sent in relation to the central monitoring and authorisation of public procurements. Within the framework of activities related to authorisation and monitoring, substantive requirements may also be specified in relation to the public procurement and the conditions thereof with the aim of enforcing the objectives of the government related to legal policy[2];
  15. For the purposes of public supply contracts, public service contracts and service concessions the value of which equals or exceeds EU thresholds as well as public works contracts and works concessions the value of which equals or exceeds HUF 300 million, which are carried out using resources other than national resources, the detailed rules pertaining to the monitoring of procurement procedures conducted as well as the authorisation of the modification of contracts based on those procurement procedures.
  16. detailed rules pertaining to the official control to be conducted by the Public Procurement Authority for the controlof performance and modification of contracts, its obligations related to the verification of contracting authorities and economic operators in the framework of which the Public Procurement Authority is entitled to be fully apprised of all the information related to the performance, modification of the procedure and the contract and may ask contracting authorities and economic operators to supply it with all relevant information;
  17. cases where there is an obligation to reserve public contracts for sheltered places of employment, developmental employers and organisations emloying disadvantaged workers;
  18. the detailed rules pertaining to procurement within the scope of the NATO Programme for Security, and other programmes commonly financed and supported by NATO;
  19. rules pertaining to the development of the framework for the training of the participants in procurement procedures, furthermore, the management, supervision and control of public procurement education;
  20. the requirements for the procurements below public procurement thresholds and realised by contracting authorities specified in Article 195(1) according to Article 4(3), the exceptions to the requirement for the submission of at least three tenders in case of such procurements, as well as the rules of sending to the minister competent in public procurements the data on procurements, public procurments below public procurement thresholds and realised by such contracting authorities, furthermore, the rules of the control of such procurements exercised by the minister competent in public procurements. (This amendment entered into force on 1 January 2017.)

  21. the specific rules concerning the procurement related to the measures connected to the crisis due to mass migration;[4]
  22. [5]

2. The Minister competent in public procurements shall be empowered to regulate in a decree

  1. the rules of sending, dispatching and publishing notices, and the public procurement plan, the examination of notices and, with the consent of the minister responsible for tax policy, the amount of the related fees, the detailed rules on collecting, handling, registering, and refunding thereof, the rules on further data and detailed contents of the summary information specified in Article 113(1), as well as the amount of the administrative service fee, established with the consent of the minister responsible for tax policy, to be paid for publishing the summary information and the detailed rules on collecting, handling, registering, and refunding the administrative service fee, furthermore, the rules pertaining to the annual statistical summary of public procurement and the order of publication thereof in the Public Procurement Bulletin or on the homepage of the Public Procurement Authority; (This amendment entered into force on 1 January 2017.)

  2. the standard forms for notices, award summaries and annual statistical summaries, certain content elements of the notices;
  3. the rules pertaining to the activity of accredited public procurement consultants, the experience in public procurement specified as a criterion for acting as an accredited public procurement consultant, the provision of proof of such experience, the registration of accredited public procurement consultants, the process of the registration, furthermore - with the consent of the minister responsible for tax policy - the amount of the fee of the registration and its collection, handling, registration, and refund, the list of accredited public procurement consultants, the keeping thereof, the conditions for being included on the list, the professional body of accredited public procurement consultants, as well as - with the consent of the minister responsible for tax policy - the amount, handling, registration and refund of the administrative service fee payable for inclusion on the list, renewal of inclusion and supplementation of the submitted data, furthermore, the rules pertaining to the liability insurance specified as a criterion for acting as an accredited public procurement consultant; (This amendment entered into force on 1 January 2017.)

  4. detailed rules pertaining to the maintenance and operation of the e-procurement system;
  5. the level and the way of payment of the administrative service fee, established with the consent of the minister responsible for tax policy, to be paid to the Public Procurement Arbitration Board and the rules pertaining to the payment and the way of incurring thereof;
  6. detailed rules pertaining to the preparation of price statistics to be issued by the Public Procurement Authority as well as the conditions and method of the statistical reporting for the Public Procurement Authority.

[1] This amendment entered into force on 1 August 2016.

[2] This amendment entered into force on 24 December 2015.

[3] This point was repealed on 1 August 2016.

[4] This amendment entered into force on 24 December 2015.

[5] This point was repealed on 1 August 2016.

[6] This amendment entered into force on 24 December 2015.